78(R) HB 1015 - Introduced version


                                                                                

78R2187 JRD-D

By:  Miller                                                       H.B. No. 1015



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a governmental body from disclosing a 
person's social security number to a member of the public without 
the person's written consent.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.140 to read as follows:
	Sec. 552.140.  PROHIBITION ON DISCLOSURE OF SOCIAL SECURITY 
NUMBER.  (a)  Notwithstanding any other law, a person's social 
security number may not be disclosed to a member of the public by a 
governmental body in response to a request for the information made 
under this chapter or another law of this state without the person's 
written consent.  The consent must be given on a clear and 
understandable form that the attorney general shall prescribe for 
that purpose.  If the consent form is part of a larger document the 
consent form must be a separate page of the larger document and the 
person's signature must appear on that page.
	(b)  Subsection (a) does not prohibit the disclosure of a 
person's social security number without the person's consent to a 
federal, state, or local governmental entity for a legitimate 
governmental purpose.
	SECTION 2.  Section 552.024(a), Government Code, is amended 
to read as follows:
	(a)  Each employee or official of a governmental body and 
each former employee or official of a governmental body shall 
choose whether to allow public access to the information in the 
custody of the governmental body that relates to the person's home 
address or[,] home telephone number[, or social security number,] 
or that reveals whether the person has family members.
	SECTION 3.  Section 552.117, Government Code, is amended to 
read as follows: 
	Sec. 552.117.  EXCEPTION:  CERTAIN ADDRESSES, TELEPHONE 
NUMBERS, [SOCIAL SECURITY NUMBERS,] AND PERSONAL FAMILY 
INFORMATION.  Information is excepted from the requirements of 
Section 552.021 if it is information that relates to the home 
address or [,] home telephone number[, or social security number] 
of the following person or that reveals whether the person has 
family members:
		(1)  a current or former official or employee of a 
governmental body, except as otherwise provided by Section 552.024;
		(2)  a peace officer as defined by Article 2.12, Code of 
Criminal Procedure, or a security officer commissioned under 
Section 51.212, Education Code, regardless of whether the officer 
complies with Section 552.024 or 552.1175, as applicable;
		(3)  an employee of the Texas Department of Criminal 
Justice, regardless of whether the employee complies with Section 
552.1175;
		(4)  a peace officer as defined by Article 2.12, Code of 
Criminal Procedure, or other law, a reserve law enforcement 
officer, a commissioned deputy game warden, or a corrections 
officer in a municipal, county, or state penal institution in this 
state who was killed in the line of duty, regardless of whether the 
deceased complied with Section 552.024 or 552.1175; or
		(5)  a commissioned security officer as defined by 
Section 1702.002, Occupations Code, regardless of whether the 
officer complies with Section 552.024 or 552.1175, as applicable.
	SECTION 4.  The heading to Section 552.1175, Government 
Code, is amended to read as follows:
	Sec. 552.1175.  CONFIDENTIALITY OF ADDRESSES, TELEPHONE 
NUMBERS, [SOCIAL SECURITY NUMBERS,] AND PERSONAL FAMILY 
INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, SECURITY OFFICERS, 
AND EMPLOYEES OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
	SECTION 5.  Section 552.1175(b), Government Code, is amended 
to read as follows:
	(b)  Information that relates to the home address or [,] home 
telephone number[, or social security number] of an individual to 
whom this section applies, or that reveals whether the individual 
has family members is confidential and may not be disclosed to the 
public under this chapter if the individual to whom the information 
relates:
		(1)  chooses to restrict public access to the 
information; and              
		(2)  notifies the governmental body of the individual's 
choice on a form provided by the governmental body, accompanied by 
evidence of the individual's status.
	SECTION 6.  Section 552.132(b), Government Code, is amended 
to read as follows:
	(b)  A crime victim may elect whether to allow public access 
to information held by the crime victim's compensation division of 
the attorney general's office that relates to:
		(1)  the name, [social security number,] address, or 
telephone number of the crime victim; or
		(2)  any other information the disclosure of which 
would identify or tend to identify the crime victim.
	SECTION 7.  Section 552.136(b), Government Code, as added by 
Chapter 143, Acts of the 77th Legislature, Regular Session, 2001, 
is amended to read as follows:
	(b)  Information maintained by a family violence shelter 
center or sexual assault program is excepted from the requirements 
of Section 552.021 if it is information that relates to:
		(1)  the home address or [,] home telephone number[, or 
social security number] of an employee or a volunteer worker of a 
family violence shelter center or a sexual assault program, 
regardless of whether the employee or worker complies with Section 
552.024;
		(2)  the location or physical layout of a family 
violence shelter center;   
		(3)  the name, home address, home telephone number, or 
numeric identifier of a current or former client of a family 
violence shelter center or sexual assault program;
		(4)  the provision of services, including counseling 
and sheltering, to a current or former client of a family violence 
shelter center or sexual assault program;
		(5)  the name, home address, or home telephone number 
of a private donor to a family violence shelter center or sexual 
assault program; or
		(6)  the home address or home telephone number of a 
member of the board of directors or the board of trustees of a 
family violence shelter center or sexual assault program, 
regardless of whether the board member complies with Section 
552.024.
	SECTION 8.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.